196 So. 2d 905 - McClendon v. State’s Empirical Analysis
1967
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently July 1982
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sheppard v. Maxwell · Shepherd v. Florida · 109 So. 2d 7 - Singer v. State · 124 So. 2d 481 - Brown v. State · 143 So. 2d 817 - Goswick v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The Appellant contends the trial court erred in refusing to grant all of the Appellant's requested instructions, including related and lesser offenses. "The trial judge included only instructions on the lesser offense of assault with intent to commit rape along with its other instructions, refusing to include instructions on bare assault and assault and battery. In Jimenez v. State, 158 Fla. 719 , 30 So.2d 292 , our Court held it necessary that instructions on assault to commit rape as a lesser included offense within the crime of rape be given as was done in the instant case. "The rule appears to be: "* * * When a trial judge undertakes to define an offense for the conviction of which an accused might be sent to jail, it is the duty of the judge to instruct the jury on the law of the case and to cover each essential element of the offense charged. This responsibility includes the duty to advise the jury regarding lesser included offenses which the record will support. " (Emphasis supplied.) Goswick v. State (Fla.), 143 So.2d 817, 819 . See, also, Silver v. State (Fla.App.), 174 So.2d 91 . "The record of the evidence in this case supports either the crime of rape or assault to commit rape, but not otherwise. The testimony of the prosecutrix and other witnesses for the prosecution and the confession of the Appellant do not support lesser offenses within the crime of rape but only the crime of rape or assault with the intent to commit rape. * * * Thus there is nothing in the r”
1 later decision quote this exact passage · from the majoritye.g. DeLaine v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.